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Summary

Slava Zayats co-chairs the Antitrust Practice at Bates White. He has over 15 years of experience as an economist specializing in antitrust matters. He leads economic analyses and has served as an expert in numerous merger and monopolization matters, including before both the Department of Justice (DOJ) and the Federal Trade Commission (FTC) as well as on behalf of the DOJ and FTC. Many of his past engagements were complex antitrust matters that involved extensive discovery and data-intensive econometric analyses.

In addition to his extensive antitrust experience with healthcare providers and insurers, Dr. Zayats has led major antitrust engagements in many other industries including (but not limited to) telecommunications, commercial risk broking, retail, and airlines.

Dr. Zayats has also served as consulting expert to multiple state agencies, including the Massachusetts Health Policy Commission, the Massachusetts Attorney General’s office, and the California Department of Justice, advising on a broad range of antitrust and healthcare issues. He has been published in the Antitrust Law Journal and the Review of Economics and Statistics.

Education

PhD, Economics, University of North Carolina at Chapel Hill

BA, Economics, Belarus State Economic University

Selected Work

Selected Experience

  • On behalf of Willis Towers Watson (WTW), assisted at all stages of merger review in connection with the $30 billion proposed merger between Aon and WTW,  including preliminary antitrust risk assessment, Hart-Scott-Rodino–related submissions, and responses to the DOJ's second request to multiple advocacy submissions and presentations to the DOJ and the Canadian Competition Bureau.
  • On behalf of the defendant and the intervenor in 21st Century Oncology v. State of Florida and Dr. Michael Katin (US District Court for the Northern District of Florida), supported the expert’s analysis regarding an economic basis for state policies, such as temporarily suspending non-compete enforceability, to prevent or ameliorate high concentration in physician services markets. The court denied the preliminary injunction, allowing the law to stand; the case subsequently settled.
  • On behalf of health insurer Anthem, led the team supporting expert testimony in a case concerning Anthem’s proposed $54 billion merger with Cigna.
  • Led the team that assisted the Department of Justice in evaluating the potential competitive effects of Sinclair Broadcast Group’s proposed acquisition of Tribune Media.

  • In an intellectual property matter involving music royalty payments, co-led the team that processed and analyzed daily stream counts for tens of millions of tracks of music with a focus on, among other things, the entry of new tracks and the distribution of their plays over time. 
  • On behalf of Wake Forest University Baptist Medical Center (WFBMC), assessed likely competitive effects of its proposed acquisition of High Point Regional Health.
  • On behalf of Humana in connection with its proposed merger with Aetna, co-led a Bates White team that provided support with responses to DOJ’s second request, analyzed likely competitive effects and barriers to entry and exit in the sale of Medicare Advantage products, and analyzed likely competitive effects in the sale of individual health insurance on public exchanges. 
  • Served as a consulting expert to the Massachusetts Health Policy Commission (HPC), an agency created in 2012 to increase value and access in the delivery of healthcare. 
  • Co-authored a white paper that analyzed, on behalf of Dr. Oetker, the competitive effects of Dr. Oetker’s proposed acquisition of McCain Foods’ North American frozen pizza business

  • Served as a consulting expert to the Massachusetts Attorney General’s office on the drivers of high healthcare costs in the State of Massachusetts. 

  • In In the Matter of OSF Healthcare System and Rockford Health System, directed economic and statistical analyses to support a testifying expert assessing, on behalf of the FTC, the competitive effects of OSF Healthcare System’s proposed acquisition of Rockford Health System in Rockford, Illinois. 
  • In In re Delta/AirTran Baggage Fee Antitrust Litigation, led economic and econometric analyses of class certification issues for two testifying experts on behalf of defendant AirTran in connection with an alleged conspiracy to reduce capacity in Atlanta and introduce a first-bag fee. 

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